Partnership taxation is the concept of taxing a partnership business entity. Many jurisdictions regulate partnerships and the taxation thereof differently.
Many common law jurisdictions apply a concept called "flow through taxation" to partnerships. Partnerships are a flow-through entity where the taxes are assessed at the entity level but which are applied to the partners of the partnership.
Partnership taxation is codified as Subchapter K of Chapter 1 of the U.S. Internal Revenue Code (Title 26 of the
United States Code). Partnerships are "flow-through" entities for United Statesfederal income taxation purposes. Flow-through taxation means that the entity does not pay taxes on its income. Instead, the owners of the entity pay tax on their "distributive share" of the entity's taxable income, even if no funds are distributed by the partnership to the owners. Federal tax law permits the owners of the entity to agree how the income of the entity will be allocated among them, but requires that this allocation reflect the economic reality of their business arrangement, as tested under complicated rules.
In general, a partnership is treated under Section 111
Income and Corporation Taxes Act 1988and Section 848 Income Tax (Trading and Other Income Act) 2005as not having a 'separate and distinct' legal personality from its members. As a result, partners are assessed to either UK corporation taxor UK income taxon their share of the profits and losses of the partnership, and any distribution by the partnership to its members is disregarded for tax purposes.
Following the case of Memec plc v CIR [70 TC 77] ,
Her Majesty's Revenue and Customshas issued guidance [ [http://www.hmrc.gov.uk/manuals/intmanual/INTM180030.htm List of Classifications of Foreign Entities for UK tax purposes] ] as to how interests of UK tax residents in foreign partnerships should be treated for UK tax purposes.
Partnership taxation in
Hong Kongis the taxation of the profits or losses generated by partnership business entities. First, these profits or losses of the partnership are assessed according to the [http://www.hklii.org/hk/legis/en/ord/112/s22.html Hong Kong Inland Revenue Ordinance, Chapter 112, section 22.] After assessment, then said profits or losses flow through the partnership to the partners who are then taxed on their share of said profits or losses generated by the partnership without any taxes levied against the partnership.
Many civil law jurisdictions directly tax the partnership entity.
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